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Children's Court
By Raghavendra Rao of Poornaprajna Cyber Quest
Children are our future. Crime against them is like scuttling our future. Modern technicques of child reforms should be implemented while dealing with children whether crime is committed by or against them. Children’s Court is relatively a new concept in India. Even though legal reforms world over have preferred to set up Children’s Court, India is lagging far behind in its approach to such a novel idea. No day passes without a news report in print and visual media about abuses committed on children. In reality vast number of cases of child abuse happen daily than what is reported. Unless the government understands its effectiveness, it is not likely to see the day. A recent report from Mumbai, India’s financial Capital, brings to light the crime committed by a father on his own two minor daughters. Father raped his two daughters for several years with the help of his wife. What a ghastly situation. Invariably any crime against a child is inhuman much more worse than that committed against an adult. Perpetrators should be punished severely and that too at the earliest. Wide publicity should be given to create awareness of seriousness of committing a crime against a child. Privacy should be maintained in all cases and the children’s identity should be protected. He or she should visit the court only once or twice for recording statements and should not be asked to report regularly for deposing before the court. Court room should be children friendly. Judges and lawyers should wear informal dress and the child shall not come face to face with the accused. If required the accused or the child could be placed behind a screen. Probably psychologists would play a greater role in evolving procedure to bring out truth from the mouth of the child. In a trial the child is required to stand the test of law, consistency and fearlessness under compelling circumstances especially in the atmosphere of a court of law. Trials take years to conclude. Therefore, structure of the children’s court for trial and its procedures need to be different from that of traditional courts. The Indian National Commission for Protection of Child Rights (NCPCR) is likely to ask the state governments to set up children’s courts for disposing of cases of atrocities against children within 60 days on the lines of fast track courts. At present Goa is the only state having children’s courts. Section 88 and 89 of Indian Penal Code comes to the conditional rescue of wrong doers. These clauses need to be amended to make corporal punishment an absolute crime. Judges and lawyers need to be trained in conducting the cases involving children as it requires a special way of approach than for an adult. Cases should be conducted summarily and criminal awarded severe punishment. Only then can we reduce crime against children.
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May, 2012
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